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Is unwanted physical contact assault?

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Wekiva

Member
What is the name of your state? FL

My girlfriend is being sexually harassed by the owner of the company where she works. He hugs her and has grabbed her butt. The worst was he pinned her in her office and kissed her against her will. When he went to kiss her, she had her back to the wall. so turned her head away, but her grabbed her face, turned it towards his, and kissed her on the lips and stuck his tongue in her mouth.

I told her the next time this happens, to call the police and files charges for assault. Does she have a right to do this? Would that legally be considered assault?
 


quincy

Senior Member
What is the name of your state? FL

My girlfriend is being sexually harassed by the owner of the company where she works. He hugs her and has grabbed her butt. The worst was he pinned her in her office and kissed her against her will. When he went to kiss her, she had her back to the wall. so turned her head away, but her grabbed her face, turned it towards his, and kissed her on the lips and stuck his tongue in her mouth.

I told her the next time this happens, to call the police and files charges for assault. Does she have a right to do this? Would that legally be considered assault?
Yes. It is assault.
 

PayrollHRGuy

Senior Member
Of course, she has the right to call the police when assaulted. She has the right to do it now for past assaults.

Are there more than 15 employees where she works?
 

Wekiva

Member
Yes there are more than 15 employees- approximately 20-30. I just wasn't sure if this would legally be considered assault in the state of Florida
 

PayrollHRGuy

Senior Member
Yes there are more than 15 employees- approximately 20-30. I just wasn't sure if this would legally be considered assault in the state of Florida
Actually it is Battery. Bolding added below. I asked that question about the number of employees to confirm she could also file a complaint with the EEOC.

784.03 Battery; felony battery.—
(1)(a) The offense of battery occurs when a person:
1. Actually and intentionally touches or strikes another person against the will of the other; or
2. Intentionally causes bodily harm to another person.
(b) Except as provided in subsection (2), a person who commits battery commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, “conviction” means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.
History.—s. 5, Feb. 10, 1832; RS 2401; s. 1, ch. 5135, 1903; GS 3227; RGS 5060; CGL 7162; s. 2, ch. 70-88; s. 730, ch. 71-136; s. 19, ch. 74-383; s. 9, ch. 75-298; s. 172, ch. 91-224; s. 5, ch. 96-392; s. 4, ch. 2001-50.
 

Wekiva

Member
Actually it is Battery. Bolding added below. I asked that question about the number of employees to confirm she could also file a complaint with the EEOC.

784.03 Battery; felony battery.—
(1)(a) The offense of battery occurs when a person:
1. Actually and intentionally touches or strikes another person against the will of the other; or
2. Intentionally causes bodily harm to another person.
(b) Except as provided in subsection (2), a person who commits battery commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, “conviction” means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.
History.—s. 5, Feb. 10, 1832; RS 2401; s. 1, ch. 5135, 1903; GS 3227; RGS 5060; CGL 7162; s. 2, ch. 70-88; s. 730, ch. 71-136; s. 19, ch. 74-383; s. 9, ch. 75-298; s. 172, ch. 91-224; s. 5, ch. 96-392; s. 4, ch. 2001-50.
 

Wekiva

Member
She spoke to a lawyer and was told she doesn't have evidence since it happened behind closed doors, so doesn't have a good case. We are seeking a new lawyer.

She has many text messages, some of them threatening her job. He has stalked her and showed up at her house at midnight. She filed a police report. He has told other staff members they are "together" and he loves her. They told him he's living in a mental fantasy and to leave her alone. Several employees have addressed their concerns with her.

I know this isn't admissible evidence, but we have a dozen audio recordings, many very disturbing. She made the recordings to help with her recollection of events and so other people would believe her.
 

quincy

Senior Member
Has your girlfriend directly told her employer that she finds his actions objectionable and she wants him to stop? Has your girlfriend contacted the HR Department to file a complaint against him?

If your girlfriend wants to file a sexual harassment complaint against her employer, she should make the employer and/or HR aware that the situation is not acceptable - or, if she is afraid to do either, she can consult with an attorney well-versed in workplace sexual harassment laws and rely on his direction.

She should definitely find a different attorney if the first one she contacted responded as you say he did. And your girlfriend should continue to call the police whenever she feels threatened.

By the way, although it is good that you are around to provide your girlfriend with support, you really need to let your girlfriend handle this on her own (assuming she is an adult).
 
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Wekiva

Member
Has your girlfriend directly told her employer that she finds his actions objectionable and she wants him to stop? Has your girlfriend contacted the HR Department to file a complaint against him?

If your girlfriend wants to file a sexual harassment complaint against her employer, she should make the employer and/or HR aware that the situation is not acceptable - or, if she is afraid to do either, she can consult with an attorney well-versed in workplace sexual harassment laws and rely on his direction.

She should definitely find a different attorney if the first one she contacted responded as you say he did. And your girlfriend should continue to call the police whenever she feels threatened.

By the way, although it is good that you are around to provide your girlfriend with support, you really need to let your girlfriend handle this on her own (assuming she is an adult).
Yes she has. I heard the recordings for myself. She told him he is making her uncomfortable. She told him she's been clear from the beginning that she does not want to have a relationship and just wants to do her job. He tells her he loves her and wants to marry her. He's told her he just wants an hour with her. She has texts where he said he would reduce her pay rate and hours worked.

There is no HR department. The only one to complain to is the owner, the harasser.

I agree with you that she needs to handle on her own, but she is very naïve and unknowledgeable in these matters. This person has abused her for 6 months and has her questioning herself. He has successfully beaten her down to where she wonders if she was at fault. She thinks it is his word against hers and she will lose. And after discussing with the attorney who said she didn't have a strong case she feels defeated.

I've been offering her guidance, advise, and support, but wanted to come on here to make sure I wasn't steering her in the wrong direction.
 

Just Blue

Senior Member
Yes she has. I heard the recordings for myself. She told him he is making her uncomfortable. She told him she's been clear from the beginning that she does not want to have a relationship and just wants to do her job. He tells her he loves her and wants to marry her. He's told her he just wants an hour with her. She has texts where he said he would reduce her pay rate and hours worked.

There is no HR department. The only one to complain to is the owner, the harasser.

I agree with you that she needs to handle on her own, but she is very naïve and unknowledgeable in these matters. This person has abused her for 6 months and has her questioning herself. He has successfully beaten her down to where she wonders if she was at fault. She thinks it is his word against hers and she will lose. And after discussing with the attorney who said she didn't have a strong case she feels defeated.

I've been offering her guidance, advise, and support, but wanted to come on here to make sure I wasn't steering her in the wrong direction.
The best way to gain knowledge is by educating oneself. She should get her own account here and ask questions because you are not going to be able to deal with this for her. She will have to file the complaint/talk to police/EEOC/Lawyer.

May I ask why she hasn't left the job?
 

quincy

Senior Member
Yes she has. I heard the recordings for myself. She told him he is making her uncomfortable. She told him she's been clear from the beginning that she does not want to have a relationship and just wants to do her job. He tells her he loves her and wants to marry her. He's told her he just wants an hour with her. She has texts where he said he would reduce her pay rate and hours worked.

There is no HR department. The only one to complain to is the owner, the harasser.

I agree with you that she needs to handle on her own, but she is very naïve and unknowledgeable in these matters. This person has abused her for 6 months and has her questioning herself. He has successfully beaten her down to where she wonders if she was at fault. She thinks it is his word against hers and she will lose. And after discussing with the attorney who said she didn't have a strong case she feels defeated.

I've been offering her guidance, advise, and support, but wanted to come on here to make sure I wasn't steering her in the wrong direction.
There are several legal avenues open for her to explore but I think it could be smart for your girlfriend to start with an experienced lawyer and police complaints.

She can discuss with her lawyer filing a sexual harassment complaint and a restraining order.

I, too, wonder why she has not found another place to work, although a new job does not mean that the former employer’s harassment and stalking will stop. It probably won’t (hence the possible need for a restraining order).

I wish your girlfriend good luck.
 

Wekiva

Member
The best way to gain knowledge is by educating oneself. She should get her own account here and ask questions because you are not going to be able to deal with this for her. She will have to file the complaint/talk to police/EEOC/Lawyer.

May I ask why she hasn't left the job?
I agree with you on that point. It's hard to explain, but this person has stolen her life from her. She used to be super active and outgoing, but now she is so emotionally and physically drained from this place, that she doesn't have the energy to fight. She has no life in her anymore.

And yes you may, that's an excellent question, one I ask/insist several times a day. One is she needs the income. She has been searching for another job, but no luck. She also feels she has a much better chance of finding a similar job if she is currently employed in that field. She is afraid it will be much more difficult to find a new job if she is unemployed. And lastly, she feels and obligation, commitment, and responsibility for the patients she cares for.
 

quincy

Senior Member
If her employer is a licensed professional, she can also file a complaint with the licensing board. This is added to advice already provided because you mention your girlfriend works with patients.
 

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